Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010.

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Jan. 12, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Federal Civil Procedure
- ERISA - jurisdiction
 

Ohio Supreme Court

No Opinion.

First District Court of Appeals

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No Opinion.

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

Burrell v. Henderson (January 12, 2005) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0013p-06.pdf
-  Communication Workers of America, Local 4310 (the Local) appeals the district court's denial of its motion for relief from a default judgment.  The Local claims that the judgment in favor of Teresa Burrell should be vacated under Rules 60(b)(1), (4), or (6) of the Federal Rules of Civil Procedure due to mistake, excusable neglect, lack of jurisdiction, and/or for extraordinary circumstances.  After considering all three subsections of Rule 60(b), the district court held that the Local was not entitled to relief from the $637,584.00 default judgment.  Judgment REVERSED and REMANDED for further proceedings consistent with this opinion.

U.S. Sixth Circuit Court of Appeals: Other States Cases

Primax Recoveries v. Gunter (January 12, 2005) (Appeal from M.D. Tennessee)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0012p-06.pdf
-  The question presented in this appeal is whether an ERISA action ostensibly brought under 29 U.S.C. §1132(a)(3) apparently for solely "legal," as distinguished from "equitable," relief - a form of relief clearly barred by Supreme Court precedent in Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 221 (2002) - falls outside the District Court's subject-matter jurisdiction of simply fails to state a claim upon which relief can be granted. Judgment is REVERSED on the District Court's denial of the application of defendants Joan and William Gunter for attorney's fees and costs.

Daily Case Updates